,QUESTION 1: CIVIL PRACTICE
QUESTION 1.1
(a) Advisability and Benefits of a Letter of Demand
Before instituting formal legal proceedings, it would be both advisable and strategic for Mrs.
Slipper to send a letter of demand to Slip and Shiny Hotel (Pty) Ltd. A letter of demand serves as a
formal notice to the hotel that she intends to claim damages arising from their alleged negligence
in maintaining the lobby floor (Cilliers, Loots & Nel, Herbstein and Van Winsen: The Civil Practice of
the High Courts of South Africa, 6th ed., 2015, at 111). The primary benefit of sending such a letter
is that it provides the defendant with an opportunity to settle the matter out of court, thereby
potentially saving time, litigation costs, and court resources (Sharrock, Business Transactions Law,
10th ed., 2019, at 632).
The letter should clearly outline the facts of the incident — namely, that the hotel breached its
duty of care owed to its guests by failing to ensure that the lobby was safe and by not detecting the
spilled water in time. It should specify the damages claimed, including past medical expenses of
R350 000, estimated future medical costs of R75 000, and compensation for pain, suffering, and
loss of amenities of life (Neethling, Potgieter & Visser, Law of Delict, 8th ed., 2020, at 55).
Issuing a letter of demand demonstrates good faith and may support a later argument for costs if
the matter proceeds to trial — particularly if the hotel unreasonably refuses to settle (Rule 34 of
the Uniform Rules of Court). Furthermore, it allows the plaintiff to clarify her cause of action,
preserve evidence, and establish a timeline of communication showing that she attempted to
resolve the matter amicably before resorting to litigation.
Therefore, from both a practical and procedural standpoint, it is advisable that Mrs. Slipper’s
attorney first issue a well-drafted letter of demand to the hotel before proceeding with a
summons.
(b) Appropriate Type of Summons: Combined or Provisional Sentence Summons
After the hotel’s failure to respond to the letter of demand, Mrs. Slipper must institute legal action
to recover her damages. In this case, she should proceed by issuing a combined summons rather
than a provisional sentence summons.
A provisional sentence summons is only appropriate where the plaintiff’s claim is based on a liquid
document — that is, a written instrument that contains an unconditional acknowledgment of debt
or a fixed, ascertainable monetary obligation, such as a cheque, promissory note, or written
contract of indebtedness (Rule 8, Uniform Rules of Court; Western Bank Ltd v Pretorius 1976 (2) SA
481 (T)). Mrs. Slipper’s claim is not based on a liquid document but rather on a delictual claim
(negligence) for damages. The amount claimed will need to be proven by evidence at trial and may
include non-patrimonial damages (such as pain and suffering) which are inherently unliquidated
and thus not suitable for a provisional sentence procedure.
, A combined summons, on the other hand, is used for actions where the plaintiff seeks to claim
unliquidated damages and must set out the full particulars of the cause of action in a particulars of
claim (Rule 17(2)(a), Uniform Rules of Court). This format is appropriate in cases involving personal
injury, negligence, or breach of duty. The particulars of claim will outline the facts giving rise to the
hotel’s alleged negligence — for instance, the hotel’s failure to maintain a safe environment, failure
to inspect the lobby as required by its policy, and the direct causal link between that negligence
and Mrs. Slipper’s injuries (see Kruger v Coetzee 1966 (2) SA 428 (A)).
Therefore, since Mrs. Slipper’s claim involves unliquidated damages resulting from a delict, and the
amount is not predetermined or admitted by the defendant, the correct and most appropriate
procedural step is to issue a combined summons supported by a detailed particulars of claim. This
will allow her to set out all elements of negligence, causation, and damages, and seek appropriate
relief from the court.
(c) The Pleading Annexed to the Summons
The pleading that will be annexed to Mrs. Slipper’s combined summons is the Particulars of Claim.
According to Rule 17(2)(a) of the Uniform Rules of Court, whenever a plaintiff seeks to claim
unliquidated damages, the combined summons must be accompanied by a statement — the
Particulars of Claim — which sets out the material facts relied upon to establish the cause of action
(Herbstein & Van Winsen: The Civil Practice of the High Courts of South Africa, 6th ed., 2015, at
457). The purpose of this pleading is to inform the defendant of the nature of the claim, the facts
upon which it is based, and the relief sought so that the defendant may properly plead in response
(Rule 18(4)).
In this case, the Particulars of Claim would outline the factual basis of Mrs. Slipper’s delictual
(negligence) claim against the hotel — including the existence of a legal duty of care, breach of that
duty by the hotel’s staff, causation, and damages suffered. It must also specify the amounts
claimed for past medical expenses, future medical expenses, and general damages (pain, suffering,
and loss of amenities of life). The Particulars of Claim thus serve as the foundational pleading that
gives legal form to her action and guides the litigation process.
QUESTION 1.1
(a) Advisability and Benefits of a Letter of Demand
Before instituting formal legal proceedings, it would be both advisable and strategic for Mrs.
Slipper to send a letter of demand to Slip and Shiny Hotel (Pty) Ltd. A letter of demand serves as a
formal notice to the hotel that she intends to claim damages arising from their alleged negligence
in maintaining the lobby floor (Cilliers, Loots & Nel, Herbstein and Van Winsen: The Civil Practice of
the High Courts of South Africa, 6th ed., 2015, at 111). The primary benefit of sending such a letter
is that it provides the defendant with an opportunity to settle the matter out of court, thereby
potentially saving time, litigation costs, and court resources (Sharrock, Business Transactions Law,
10th ed., 2019, at 632).
The letter should clearly outline the facts of the incident — namely, that the hotel breached its
duty of care owed to its guests by failing to ensure that the lobby was safe and by not detecting the
spilled water in time. It should specify the damages claimed, including past medical expenses of
R350 000, estimated future medical costs of R75 000, and compensation for pain, suffering, and
loss of amenities of life (Neethling, Potgieter & Visser, Law of Delict, 8th ed., 2020, at 55).
Issuing a letter of demand demonstrates good faith and may support a later argument for costs if
the matter proceeds to trial — particularly if the hotel unreasonably refuses to settle (Rule 34 of
the Uniform Rules of Court). Furthermore, it allows the plaintiff to clarify her cause of action,
preserve evidence, and establish a timeline of communication showing that she attempted to
resolve the matter amicably before resorting to litigation.
Therefore, from both a practical and procedural standpoint, it is advisable that Mrs. Slipper’s
attorney first issue a well-drafted letter of demand to the hotel before proceeding with a
summons.
(b) Appropriate Type of Summons: Combined or Provisional Sentence Summons
After the hotel’s failure to respond to the letter of demand, Mrs. Slipper must institute legal action
to recover her damages. In this case, she should proceed by issuing a combined summons rather
than a provisional sentence summons.
A provisional sentence summons is only appropriate where the plaintiff’s claim is based on a liquid
document — that is, a written instrument that contains an unconditional acknowledgment of debt
or a fixed, ascertainable monetary obligation, such as a cheque, promissory note, or written
contract of indebtedness (Rule 8, Uniform Rules of Court; Western Bank Ltd v Pretorius 1976 (2) SA
481 (T)). Mrs. Slipper’s claim is not based on a liquid document but rather on a delictual claim
(negligence) for damages. The amount claimed will need to be proven by evidence at trial and may
include non-patrimonial damages (such as pain and suffering) which are inherently unliquidated
and thus not suitable for a provisional sentence procedure.
, A combined summons, on the other hand, is used for actions where the plaintiff seeks to claim
unliquidated damages and must set out the full particulars of the cause of action in a particulars of
claim (Rule 17(2)(a), Uniform Rules of Court). This format is appropriate in cases involving personal
injury, negligence, or breach of duty. The particulars of claim will outline the facts giving rise to the
hotel’s alleged negligence — for instance, the hotel’s failure to maintain a safe environment, failure
to inspect the lobby as required by its policy, and the direct causal link between that negligence
and Mrs. Slipper’s injuries (see Kruger v Coetzee 1966 (2) SA 428 (A)).
Therefore, since Mrs. Slipper’s claim involves unliquidated damages resulting from a delict, and the
amount is not predetermined or admitted by the defendant, the correct and most appropriate
procedural step is to issue a combined summons supported by a detailed particulars of claim. This
will allow her to set out all elements of negligence, causation, and damages, and seek appropriate
relief from the court.
(c) The Pleading Annexed to the Summons
The pleading that will be annexed to Mrs. Slipper’s combined summons is the Particulars of Claim.
According to Rule 17(2)(a) of the Uniform Rules of Court, whenever a plaintiff seeks to claim
unliquidated damages, the combined summons must be accompanied by a statement — the
Particulars of Claim — which sets out the material facts relied upon to establish the cause of action
(Herbstein & Van Winsen: The Civil Practice of the High Courts of South Africa, 6th ed., 2015, at
457). The purpose of this pleading is to inform the defendant of the nature of the claim, the facts
upon which it is based, and the relief sought so that the defendant may properly plead in response
(Rule 18(4)).
In this case, the Particulars of Claim would outline the factual basis of Mrs. Slipper’s delictual
(negligence) claim against the hotel — including the existence of a legal duty of care, breach of that
duty by the hotel’s staff, causation, and damages suffered. It must also specify the amounts
claimed for past medical expenses, future medical expenses, and general damages (pain, suffering,
and loss of amenities of life). The Particulars of Claim thus serve as the foundational pleading that
gives legal form to her action and guides the litigation process.
